Can an examiner avoid an appeal conference?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, an examiner can avoid an appeal conference under certain circumstances. The MPEP 1207.01 states:

“However, if the examiner charged with the responsibility of preparing the examiner’s answer reaches a conclusion that the appeal should not go forward and the supervisory patent examiner (SPE) approves, then no appeal conference is necessary.”

In such cases, the examiner has two options:

• Reopen prosecution and issue another Office action
• Prepare a notice of allowability if appropriate

If a notice of allowability is prepared, the examiner may include reasons for allowance as per MPEP § 1302.14.